We can assess whether you are eligible to enter the UK via the Zambrano route, with our advice package.
The Zambrano case refers to a case in the Court of Justice of the European Union which resulted in an amendment to European Economic Areas (EEA) regulations.
The Zambrano case, titled Gerardo Ruiz Zambrano v Office National de l’Emploi, was an appeal by parents of Colombian nationality whose Belgian-born children would not be able to exercise the Treaty rights they are entitled to should their parents be asked to leave the country.
The Zambrano judgement established that a third country national parent who is the primary carer of an EEA minor child could not be refused a right to reside and work in the host member state if the refusal of a right to reside would force the EEA child to leave the country, thus depriving them of their European citizenship rights.
Because of the ruling and subsequent amendments to EEA regulations the Zambrano case now acts as an immigration route that states that EU member states can grant a right of residence the primary carer of an EU national child if refusing this would mean the child’s care would be jeopardised.
In terms of UK immigration, the Zambrano case meant that the primary carer of a British citizen who is residing in the UK had a right to reside under EU law if their removal from the UK would require the British citizen to leave the EEA.
The UK’s exit from the European Union has meant that many UK immigration rules have changed but the EU Settlement Scheme was introduced to protect the rights of EU citizens residing in the UK, this includes Zambrano carers.
From 1 May 2019, a ‘person with a Zambrano right to reside’ has been able to apply for settled status (indefinite leave to enter or remain in the UK) or pre-settled status (limited leave to enter or remain in the UK) under the EU Settlement Scheme if they were in the UK prior to December 31st 2021.
The grounds upon which UK residence is accepted via Zambrano are complex as the Home Office takes into account the specific detail of the individual child in question in all applications.
If you do not have EU citizenship, but you are the primary carer of a British citizen living in the UK then you could qualify as a Zambrano carer and be entitled to a derived right of residence.This post is sponsored by our partners Wigs
In a recent high court ruling, R (Akinsanya) v Secretary of State for the Home Department [2021], the court found that Zambrano carers can apply for leave to remain or indefinite leave to remain under the EU Settlement Scheme even if they already have limited leave to remain under the UK immigration rules. This means that both those with leave to remain and those without immigration status could be eligible to apply for leave to remain as a Zambrano carer.
Zambrano carers who do not have leave to remain must have applied by 30th June 2021. Those who do have leave to remain should make an application as soon as possible.
The Zambrano carer right of residence was created because of a specific immigration case ruling. Because of this, the regulations are more flexible and relative than within the UK visa and immigration systems. As a result, it is important to weigh up the pros and cons before you consider this as an option to gain Entry Clearance into the UK.
The pros of the Zambrano right of residence include:
The cons of the Zambrano right of residence include:
We often find that the Zambrano process can be confusing for applicants. This is because EU laws are in a current state of flux, making applications like this very complex. This is why we have a team of expert immigration lawyers, who are up-to-date with all current EU laws and regulations.
We can help to simplify the Zambrano application process for you. Our services include an assessment of your eligibility and a full document check.
Your lawyer will also prepare a Letter of Representation to accompany your application for Zambrano if you proceed with one. This letter details your case and its merits as well as referencing any relevant UK immigration laws in support of your application.
Reach out to us for more information or to see how we can help you?
Before the end of free movement the Zambrano route was an immigration route that allowed third country national parents to apply for a residence permit in the UK if they were the primary carer of a British child. Now, Zambrano carers can apply to remain in the UK under the EU Settlement Scheme.
At WMYV, we understand the importance of exercising your right to free movement. Because of this, we want to help EEA applicants maximise their chances of gaining UK settlement through this route.
However, because of the temperamental nature of EU law, we want to ensure you are up to date with the correct legislature and that you make an informed decision before you make an application. We often find that this process can be confusing for applicants. This is why we have a team of legal experts at hand, ready to simplify the Zambrano process for you.
Our services include:
Get in touch to speak to an immigration lawyer about your personal situation and to find out if you are eligible to enter the UK using the EEA Zambrano route.
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